Pakistan Case Law
1988 SCMR 2095

MUHAMMAD RAFIQ Versus RENT CONTROLLER, SIALKOT

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Citation1988 SCMR 2095
CourtSupreme Court of Pakistan
Case No.Civil Petition No.446 of 1984
Date1988-05-30
Judge(s)Muhammad Afzal Zullah and Saad Saood Jan
Authored byMuhammad Afzal Zullah
ResultLeave to appeal refused

MUHAMMAD AFZAL ZULLAH, J.‑‑ Leave to appeal has been sought by tenant in an ejectment matter against the rejection of his application for restoration of his writ petition which was dismissed by the High Court in default.

2. Learned counsel has contended that the case was listed before the High Court in the category of Motion Cases while the petitioners and their learned counsel were under the impression that the writ petition having earlier been admitted to regular hearing, it was to be listed in the category of regular cases. On our asking, he read the so‑called order of admission of the writ petition. When seen carefully, it was discovered by the learned counsel that the order relied upon by him actually was neither an admission of the writ petition nor was it intended to be so and in no case it could be misunderstood as an order of admission. The very basis of contention of the learned counsel is non‑existent, leave to appeal is; therefore, refused.

M.Y.H./M‑557/S Leave to appeal refused.

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